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SENATE BILL 26-177
BY SENATOR(S) Ball and Benavidez, Cutter, Gonzales J., H inrichsen,
Kipp, Snyder, Wallace, Coleman;
also REPRESENTATIVE(S) Gilchrist and Mabrey, Boesenecker.
CONCERNING A PROPERTY OWNER'S ABILITY TO PETITION A COURT FOR
LIMITED ACCESS TO AN ADJOINING PROPERTY TO MAKE R E PAIRS.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 13-20-1304 as
follows:
13-20-1304. Action for access to adjoining property to
accomplish repairs or maintenance -applicability -definitions.
(1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
(a) "ADJOINING OWNER" MEANS THE OWNER OF REAL PROPERTY
THAT ADJOINS A REQUESTING OWNER'S PROPERTY AND ONTO WHICH A
REQUESTING OWNER SEEKS ENTRY.
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
(b) "REFUSE" MEANS AN ADJOINING OWNER'S:
(I) DENIAL TO THE REQUESTING OWNER, VERBALLY OR IN WRITING,
OF ACCESS TO THE ADJOINING PROPERTY FOR THE PURPOSE OF
ACCOMPLISHING REPAIRS OR MAINTENANCE OF THE REQUESTING OWNER'S
PROPERTY;OR
(11) FAILURE TO RESPOND WITHIN SIXTY DAYS OF RECEIPT OF
WRITTEN NOTICE SENT VIA CERTIFIED MAIL FROM THE REQUESTING OWNER
TO THE ADJOINING OWNER REGARDING ACCESS TO THE ADJOINING PROPERTY
FOR THE PURPOSE OF ACCOMPLISHING REPAIRS OR MAINTENANCE OF THE
REQUESTING OWNER'S PROPERTY.
(c) "REQUESTING OWNER" MEANS THE OWNER OF A SINGLE-FAMILY
RESIDENCE WHO SEEKS ENTRY ONTO AN ADJOINING PROPERTY FOR THE
PURPOSE OF ACCOMPLISHING REPAIRS OR MAINTENANCE OF THE REQUESTING
OWNER'S PROPERTY.
( d) "SINGLE-FAMILY RESIDENCE" MEANS A PRIVATE RESIDENCE THAT
IS A SEPARATE BUILDING OR AN INDIVIDUAL RESIDENCE THAT IS PART OF A
ROW OF RESIDENCES JOINED BY COMMON SIDEWALLS.
(2) IF A REQUESTING OWNER SEEKS TO MAKE REPAIRS TO OR
COMPLETE MAINTENANCE ON THE REQUESTING OWNER'S PROPERTY, THE
REPAIRS OR MAINTENANCE CANNOT REASONABLY BE ACCOMPLISHED
WITHOUT ENTERING ONTO AN ADJOINING OWNER'S PROPERTY, AND THE
ADJOINING OWNER REFUSES TO PERMIT ENTRY ONTO THE ADJOINING
OWNER'S PROPERTY FOR THE PURPOSE OF THE REPAIR OR MAINTENANCE, THE
REQUESTING OWNER MAY PETITION THE DISTRICT COURT OF THE COUNTY IN
WHICH THE PROPERTIES ARE LOCATED TO PERMIT THE REQUESTING OWNER
TO ENTER ONTO THE ADJOINING OWNER'S PROPERTY FOR THE PURPOSE OF
THE REPAIR OR MAINTENANCE OF THE REQUESTING OWNER'S PROPERTY.
(3) BEFORE BRINGING AN ACTION PURSUANT TO SUBSECTION (2) OF
THIS SECTION, THE REQUESTING OWNER IS ENCOURAGED TO ENGAGE IN
ALTERNATIVE DISPUTE RESOLUTION, SUCH AS MEDIATION, WITH THE
ADJOINING PROPERTY OWNER, TO ACCESS THE ADJOINING PROPERTY TO
MAKE REPAIRS OR MAINTENANCE.
( 4) IN AN ACTION BROUGHT PURSUANT TO SUBSECTION (2) OF THIS
PAGE 2-SENATE BILL 26-177
SECTION:
(a) THE REQUESTING OWNER MUST SPECIFY THE NATURE OF THE
REPAIRS OR MAINTENANCE THEY SEEK TO COMPLETE AND DESCRIBE WHY
THE REPAIRS OR MAINTENANCE CANNOT BE MADE WITHOUT ACCESSING THE
ADJOINING OWNER'S PROPERTY;
(b) THE REQUESTING OWNER MUST DEMONSTRATE THAT THEY HA VE
MADE REASONABLE EFFORTS TO OBTAIN PERMISSION FROM THE ADJOINING
OWNER TO ACCESS THE ADJOINING OWNER'S PROPERTY AND THAT THE
ADJOINING OWNER HAS REFUSED SUCH ACCESS; AND
( c) THE ADJOINING OWNER MAY PRESENT EVIDENCE THAT ACCESS TO
THE ADJOINING OWNER'S PROPERTY IS NOT NECESSARY TO COMPLETE THE
REPAIRS OR MAINTENANCE.
(5) IF THE COURT DETERMINES THAT ACCESS TO THE ADJOINING
OWNER'S PROPERTY IS NECESSARY TO ALLOW REPAIR TO OR MAINTENANCE
ON THE REQUESTING OWNER'S PROPERTY AND WILL NOT NEGATIVELY AFFECT
ANY EASEMENT ON THE ADJOINING OWNER'S PROPERTY, THE COURT SHALL
GRANT ACCESS AS THE COURT DEEMS NECESSARY TO ALLOW COMPLETION OF
THE REPAIR OR MAINTENANCE. THE COURT SHALL PRESCRIBE THE
CONDITIONS AND DURATION OF THE REQUESTING OWNER'S ACCESS TO THE
ADJOINING OWNER'S PROPERTY AND MAY REQUIRE:
(a) REASONABLE NOTICE TO THE ADJOINING OWNER IN ADVANCE OF
THE ACCESS;
(b) REASONABLE COMPENSATION TO THE ADJOINING OWNER;
( c) THAT THE REQUESTING OWNER PURCHASE INSURANCE OR POST
BOND TO COVER ANY DAMAGE TO PROPERTY, PERSONAL INJURY, OR LOSS OF
LIFE, THAT MAY OCCUR BECAUSE OF THE REPAIR OR MAINTENANCE; OR
(d) ANY OTHER CONDITION DEEMED NECESSARY BY THE COURT.
(6) THIS SECTION DOES NOT APPLY IF THE ADJOINING PROPERTY IS
OWNED OR CONTROLLED BY THE FEDERAL GOVERNMENT, THE STATE, OR A
POLITICAL SUBDIVISION OF THE ST A TE.
PAGE 3-SENATE BILL 26-177
SECTION 2. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly (August
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within
such period, then the act, item, section, or part will not take effect unless
PAGE 4-SENATE BILL 26-177
approved by the people at the general election to be held in November 2026
and, in such case, will take effect on the date of the official declaration of
the vote thereon by the governor.
amesRashad Coleman, Sr.
PRESIDENT OF
THE SENATE
s er van Mourik
SECRETARY OF
THE SENATE
~~.
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
\~~ Vanesi11y
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
APPROVED on Tblko~ Vh~ 261~ 202.f: ocl2 tz:ooF1"'
(D e and ·me)
Jared S. Polis
GOVERNO OF
PAGE 5-SENATE BILL 26-177
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